SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060794

 

Amending Chapter 80, Code of Ordinances, by repealing Section 80-444, Off-street parking, generally, and enacting in lieu thereof a new section of like number and subject matter modifying parking requirements for retail and restaurant uses located in the Crossroads area, generally bounded on the north by Truman Road, on the east by Troost Avenue, on the south by the Kansas City Terminal Railway tracks, and on the west by Broadway between Truman Road and Southwest Boulevard and by Interstate 35 between Southwest Boulevard and the Kansas City Terminal Railway tracks.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 80-444, Off-street parking, generally, and enacting in lieu thereof one new section of like number and subject matter, to read as follows:

 

Sec. 80-444. Off-street parking generally.

 

(a) General regulations.

 

(1) Applicability of requirements. Off-street parking requirements shall apply to all buildings and uses of land erected or established after September 10, 1951, except district C-4. When the intensity of use of any building or premises, except in district C-4, is changed or increased after September 10, 1951, to provide additional dwelling units, gross floor area, seating capacity or any other measurable unit which governs the amount of off-street parking required, the amount of additional parking required as a result of the change or increased activity of the use shall be provided.

 

(2) Determination of compliance. To determine if proposed parking areas provide the required number of spaces, the following procedure shall be used:

 

a. A plan shall be submitted to the director of codes administration showing the location of parking spaces which meet the requirements.

 

b. In large parking areas, where the layout of parking stalls is not determined or is subject to modification, after it has been demonstrated that the required number of parking spaces can be provided as set out in subsection (a)(1) of this section, the layout of parking stalls may be varied from time to time, provided that the parking area contains at least an aggregate of 300 square feet per required space, inclusive of driveways or maneuvering space.

 

c. Off-street parking, not required by subsection (a)(1) of this section, but voluntarily provided for existing buildings or uses of land, need not comply with the required number of parking spaces, but shall comply with all other requirements with regard to location, construction and size.

 

d. Off-street parking already in use or established hereafter, which serves or is to serve an existing building or use of land, shall not be reduced in any manner except where such off-street parking may be in excess of the amount required. In no case shall off-street parking be reduced below the minimum.

 

e. Off-street parking in districts R-1, R-2, R-3, R-4, R-4-O, R-5, R-5-O and R-6 shall be limited to passenger vehicles only. No trucks shall be parked in the district, except:

 

1. For deliveries; and

 

2. Any truck which has a length of 20 feet or less and which is used primarily as the owner's personal means of transportation and which is licensed for a gross weight of not more than 12,000 pounds.

 

(3) Parking stall size.

 

a. All parking stalls shall accommodate a standard-sized car as provided in this section; however, the director of codes administration may approve the use of stalls for smaller cars provided sufficient evidence is presented showing the need for such stalls, but such smaller stalls shall not exceed 50 percent of the total number of spaces. Such space identity shall be shown on a parking plan.

 

b. All off-street parking facilities established to satisfy the off-street parking requirements of this chapter should accommodate standard and small cars. Parking spaces for the handicapped shall be provided if required by any federal, state or local law. Applicants should submit estimates of the ratios of standard and small car sizes to the director of codes administration, along with any supporting information or documentation. The design of the parking facility may accommodate these sizes of cars in any of the following ways:

 

1. All spaces may be designed to the standards for standard-sized cars.

 

2. A mixture of space sizes may be used which provides areas exclusively for each size of car.

 

3. A design may be used which allows flexibility in parking space sizes. This may or may not involve attendant parking.

 

4. A method involving a combination of any of the arrangements or other techniques referred to in subsections (a)(3)b.1 through 3 of this section may be used.

 

5. Parking stalls and aisle widths shall conform to chapter 52.

 

(b) Computation of specific requirements.

 

(1) Off-street parking shall be provided in the amount as enumerated in this subsection for the following uses, unless the zoning district requires a different amount. For the method of computing, see subsection (b)(2) of this section.

 

	Use	Number of Parking Spaces
a.	For dwellings or apartments.	Not less than one per each dwelling or apartment unit. In district R-3, there shall be provided not less than three per each two units in a multiple dwelling of three or more units.
b.	For buildings having roomers or boarders.	One per each two roomers or boarders.
c.	For clubs, lodges or similar organizations.	One per each four members, plus one per each four employees.
d.	For churches.	One per each seven persons.
e.	For elementary schools and junior high schools.	One per each four employees.
f.	For senior high schools.	One per each four employees, plus one per each 15 students.
g.	For educational institutions, including colleges, universities, business, commercial or trade schools or any other schools.	One per each four employees, plus one per each ten students.
h.	For hotels or motels.	One per each guest room or suite up to 20 rooms or suites, one for each four guest rooms or suites in excess of 20 but not exceeding 40 rooms or suites, and one for each six rooms or suites in excess of 40 rooms or suites.
i.	For hospitals.	One per three beds (less bassinets) plus one per each four employees, including staff doctors.
j.	For convalescent homes.	One per each four patients, plus one per each four employees.
k.	For all places of public assembly, including but not limited to theaters, arenas, stadiums, dance halls and funeral homes.	One per each four persons, plus one per each four employees.
l.	For bowling alleys.	Ten per each lane, plus one per each four employees.
m.	For medical offices.	Five per each doctor practicing in the building, but not less than one per each 500 square feet of gross floor area.
n.	For offices other than medical offices.	One per each 1,000 square feet of gross floor area.
o.	For businesses engaged in sale of retail goods or services, unless located in the Crossroads area described in subsection (b)(1)u. below.	One per each 400 square feet of gross floor area.
p.	For restaurants or any establishment serving food or drink (the serving of alcoholic beverages as an incidental accessory use is subject to the definition for restaurants as contained in Chapter 10), unless located in the Westport area described in subsection (b) 1 (t), below, or unless located in the Crossroads area described in subsection (b)(1)v. below.	One per each 75 square feet of gross floor area
q.	For bars, taverns, carry-on-liquor and all other liquor-by-drink establishments (subject to definition by Chapter 10).	One per each 50 square feet of floor area devoted to patron use. A combination restaurant and bar must be provided for on a cumulative basis by calculating square footage of the restaurant and bar area separately and providing parking accordingly.
r.	For industrial buildings including wholesale businesses and warehouses.	One per each four employees.
s.	For medical research facilities.	One per each four employees.
t.	Restaurants or any establishment serving food or drink (the serving of alcoholic beverages as an incidental accessory use is subject to the definition for restaurants as contained in Chapter 10) in the Westport area bounded by the following perimeter description: Beginning at the intersection of W. 43rd Street and Madison Avenue, then north along Madison Avenue and Southwest Trafficway, then east along W. 40th Street, then north along Washington Street, then east along W. 39th Street, then south along Baltimore Avenue, then southwest along Archibald Street, then southeast along Central Street, then south along Baltimore Avenue, then west along W. 43rd Street to the point of beginning,	One per each 400 square feet of gross floor area.
u.	For businesses engaged in sale of retail goods or services in the Crossroads area bounded on the north by Truman Road, on the east by Troost Avenue, on the south by the Kansas City Terminal Railway tracks, and on the west by Broadway between Truman Road and Southwest Boulevard and by Interstate 35 between Southwest Boulevard and the Kansas City Terminal Railway tracks.	One per each 400 square feet of gross floor area, with the first 4,000 sq. ft. of ground floor space exempted, with one exemption allowed per building.
v.	For restaurants or any establishment serving food or drink (the serving of alcoholic beverages as an incidental accessory use is subject to the definition for restaurants as contained in Chapter 10) in the Crossroads area bounded on the north by Truman Road, on the east by Troost Avenue, on the south by the Kansas City Terminal Railway tracks, and on the west by Broadway between Truman Road and Southwest Boulevard and by Interstate 35 between Southwest Boulevard and the Kansas City Terminal Railway tracks.	One per each 75 square feet of gross floor area, with the first 2,000 sq. ft. of ground floor space exempted, with one exemption allowed per building.

 

(2) The following computations shall be used in determining the maximum amount of off-street parking required for uses enumerated in subsection (b)(1) of this section:

 

a. Where buildings or land are occupied by a combination of uses as enumerated in subsection (b)(1) of this section, the off-street parking required shall be the total as required under the method of computation for each of the several uses located within the building or on the land.

 

b. Gross floor area shall be determined by the outside dimensions of the building, less any area within the building devoted to off-street parking.

 

c. The number of persons or employees shall be based upon the total persons and employees present or on duty at any one time when the maximum functional use of the building or land is being made.

 

d. The number of persons in assembly areas with fixed seating or a designed functional seating capacity shall be based upon the maximum functional seating capacity.

 

e. The number of persons in assembly areas without fixed seating or without a designed functional seating capacity shall be based upon the total number of square feet of net floor area actually used for public assembly, divided by 15.

 

f. If more than one assembly area within a building is used simultaneously by different adult persons, then the capacity of all such assembly areas shall be computed.

 

g. If several assembly areas within a building are not used simultaneously but are used by the same group of persons separately at different times, then the computation shall be made for assembly areas comprising the maximum simultaneous occupancy.

 

(c) Location of off-street parking.

 

(1) All off-street parking shall be provided on the lot on which the use to be served is located, except that:

 

a. Uses which are located in districts R-4, R-5 and R-6 may provide such off-street parking as required by this section within a community garage which may provide for the total off-street parking requirements for uses on more than one lot, provided that any such lot so served is located not more than 500 feet from the site of the community garage.

 

b. Uses which are located in districts C-1 to M-3 may provide such off-street parking within 500 feet of the lot to be served when such parking is within a commercial or industrial district except as otherwise permitted by the board of zoning adjustment under the provisions of section 80-446.

 

c. Where parking facilities are permitted on land other than the lot to be served, such parking facilities shall be in the same ownership as the lot to be served unless otherwise permitted under terms approved by the board of zoning adjustment after a public hearing.

 

d. The board of zoning adjustment, after public hearing, shall modify the parking requirements for housing for the elderly subject to the following conditions:

 

1. Parking modifications for housing for the elderly may be granted in any district, including any permitted district (see section 80-271), but not in district R-1 or R-2.

 

2. Parking modifications shall provide at least one parking space per three dwelling units.

 

3. Only dwelling units shall be used in making parking determination needs. Beds or occupancy numbers shall not be used as a factor.

 

The board of zoning adjustment, in determining such reduction, also may require open space in lieu of reduced parking requirements in the event of conversion to housing other than for the elderly, consider accessibility to bus transportation, consider accessibility to shopping districts and consider the availability of sidewalks.

 

(2) In districts R-1, RA, R-2, R-3, R-4, R-5 and R-6, all off-street parking shall be in the side or rear yard only, except in a group housing project or a community unit project, where the location of off-street parking areas shall be subject to approval of the development plan as provided in sections 80-260 and 80-270; provided, however, this section shall not be interpreted to prohibit the parking of vehicles, otherwise permitted, in residential driveways or on pads authorized by chapter 48.

 

a. Where off-street parking is provided in the side yard area, such parking area shall be set back from the side property line a distance equal to the minimum side yard required for the district in which it is located, except as otherwise provided under section 80-446.

 

b. Where off-street parking spaces are provided in the rear yard, such parking area shall observe the minimum setback from the side or rear property line as required for an accessory building, except as otherwise provided under section 80-446.

 

(3) In commercial or industrial districts, the off-street parking shall not be located in any area required as a yard area.

 

(4) Where off-street parking areas are required to be set back from property lines, the setbacks required shall include all of the parking area intended to be used by vehicles, including individual parking spaces and all access drives thereto, except drives providing direct access to the parking area from a street or alley. The border screening as required by paragraph B above shall be located at the edge of the parking area but need not be included in the calculation of the setback required.

 

(d) Modification of off-street parking requirements.

 

(1) The board of zoning adjustment may modify any of the specific off-street parking requirements as enumerated in subsections (b) and (c) of this section after a public hearing, if undue hardship in complying with any of such provisions is shown.

 

(2) Before granting any modification of the requirements of this section, the board shall determine that:

 

a. The amount of the off-street parking to be provided is reasonable in relation to the nature of the use to be served and that the number of parking spaces, as required by this section, is not compatible with the actual off-street parking requirements of the particular use because of unusual circumstances regarding any such use.

 

b. Any off-street parking proposed to be provided other than on the lot of the use to be served is reasonably located and readily accessible in relation to the use to be served and is reasonably related to surrounding uses of land, and that the parking area is either within the same block or not more than 500 feet distant from the boundaries of the lot to be served, and that such parking is permitted in the district in which it is located.

 

c. Modification of any setback or yard requirement for the parking area or modification of any construction requirement is necessary because of unique or unusual circumstances which render the specific requirements of this section unreasonable and without benefit to surrounding property.

 

Section B. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney